New neonatal care leave and pay now in force

Harriet Gardner 10 April 2025

As of 6 April, there was a big shift in parental rights. Now parents of babies needing neonatal care can take up to 12 additional weeks of leave.

Thousands of working families with babies in neonatal care are now entitled to additional time off as a day one right.

The new measures ensure employed parents can focus on supporting their new family and spending time with their baby, without worrying about their job. It is expected to help around 60,000 families.

Harriet Gardner, solicitor in the employment team at Wake Smith, looks at the support families can now access to allow them to be with their child without having to work throughout, or use up their existing leave.

This article covers:

  • What has changed?
  • When does Neonatal Care and Pay apply?
  • What affect will this have?
  • Your next move?

What has changed?

These measures aim to address some of the difficulties that thousands of parents face when their baby is in neonatal care.

Before, many working families across the UK had to return to work while their baby was ill in hospital, or they would have been required to use their existing statutory leave entitlement (such as maternity leave or parental leave) or annual leave.

The new regulations follow the passing of the Neonatal Care (Leave and Pay) Act in 2023 and come alongside the Employment Rights Bill to deliver on the government’s commitment to support families and protect the payslips of working people as part of the Plan for Change.

When does Neonatal Care Leave and Pay apply?

Neonatal Care Leave applies to parents of babies who are admitted into neonatal care up to 28 days old and who have a continuous stay in hospital of 7 full days or longer. 

It allows eligible parents to take up to 12 weeks of leave on top of any other leave they may be entitled to, including maternity and paternity leave.

Alongside the leave entitlement, Statutory Neonatal Care Pay will be available to those who meet continuity of service requirements and a minimum earnings threshold.

This entitlement delivers peace of mind for parents to look after their new born baby, born sick or premature.

Neonatal care leave will be a day one right, meaning it is available to an employee from their first day in a new job.

What affect will this have?

This additional leave and pay means parents and carers can be with their baby or babies in hospital.

The new law gives families essential time at home to bond, begin to recover from trauma and to care for a sick baby or babies, without the pressure of finances, or returning to work too soon. 

Your next move?

Are you an employer who needs guidance on telling employees about this new entitlement? 

To submit an online enquiry click the 'contact us' button below, or call Harriet on 0114 266 6660.

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